By Chisum                                             H.B. No. 3547
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the motor vehicle inspection fee and the use of
 1-3     revenues derived from that fee.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 382.0622, Health and Safety Code, is
 1-6     amended by amending Subsections (a), (b), and (c) as follows:
 1-7           (a)  Clean Air Act fees consist of:
 1-8                 (1)  fees collected by the commission under Sections
 1-9     382.062, 382.0621, and 382.037 and as otherwise provided by law;
1-10     and
1-11                 (2)  [$2] $3 of each advance payment collected by the
1-12     Department of Public Safety for inspection certificates for
1-13     vehicles other than mopeds under Section 548.501, Transportation
1-14     Code.
1-15           (b)  Clean Air Act fees shall be deposited in the state
1-16     treasury to the credit of the clean air account and shall be used
1-17     to safeguard the air resources, except that $3 of each advance
1-18     payment collected by the Department of Public Safety for inspection
1-19     certificates for vehicles other than mopeds under Section 548.501,
1-20     Transportation Code shall be deposited in the state treasury to the
1-21     credit of the operating fund account established under Section
1-22     5.237, Water Code.  The funds in the operating fund account shall
1-23     be used to safeguard the natural resources of the state as
 2-1     necessary to address potential or actual environmental impacts
 2-2     reasonably related to the activities of the fee payers under
 2-3     Section 548.501, Transportation Code.
 2-4           (c)  The commission shall request the appropriation of
 2-5     sufficient money to safeguard the [air] natural resources of the
 2-6     state as provided by this chapter, [including payments to the
 2-7     Public Safety Commission for incidental costs of administering the
 2-8     vehicle emissions inspection and maintenance program,] except that
 2-9     after the date of delegation of the state's permitting program
2-10     under Title V of the federal Clean Air Act (42 U.S.C. Sections 7661
2-11     et seq.), fees collected under Section 382.0621(a) may be
2-12     appropriated only to cover costs of developing and administering
2-13     the federal permit program under Titles IV and V of the federal
2-14     Clean Air Act (42 U.S.C. Sections 7651 et seq. and 7661 et seq.).
2-15           SECTION 2.  Section 548.501, Transportation Code, is amended
2-16     by amending Subsection (b) as follows:
2-17           (b)  An inspection station shall pay to the department $5.50
2-18     of each fee for an inspection.  The department may require the
2-19     station to make an advance payment of $5.50 for each inspection
2-20     certificate provided to the station.  If advance payment is made:
2-21                 (1)  no further payment may be required on issuance of
2-22     a certificate;
2-23                 (2)  the inspection station may waive the fee due from
2-24     the owner of an inspected vehicle who is issued a certificate to
2-25     which the advance payment applies;
2-26                 (3)  the department shall refund to the inspection
 3-1     station $5.50 for each unissued certificate that the station
 3-2     returns to the department in accordance with department rules; and
 3-3                 (4)  the conservation commission shall pay to the
 3-4     department [$2] $3 for each unissued certificate that the station
 3-5     returns to the department.
 3-6           SECTION 3.  This Act takes effect September 1, 2001.